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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Former Bank of America debtors can qualify for benefits under a current Fair Credit Reporting Act class action settlement.
This settlement arises out of a Bank of America class action lawsuit brought by plaintiffs Robert Pastor, Scott Van Horn, Regina Florence, and William Florence III.
According to the plaintiffs, Bank of America pulled their credit reports after their banking relationship with Bank of America had ended, and without otherwise getting the plaintiffs’ knowledge or consent. By doing so, the plaintiffs allege, Bank of America violated the federal Fair Credit Reporting Act, or FCRA.
The plaintiffs claim these requests for their credit reports were not made for any of the limited number of “permissible purposes” listed in the FCRA. When requesting the reports, Bank of America allegedly claimed its permissible purpose was a periodic review of a current debtor’s credit history, sometimes described as a “soft inquiry.”
But by the time the bank requested the reports, the plaintiffs say, their debts had all been discharged in bankruptcy, leaving Bank of America with no permissible purpose for requesting their credit reports.
The parties eventually agreed to the current Bank of America class action settlement, which earned preliminary court approval in July 2017. Settlement terms require Bank of America to create a settlement fund worth $1.645 million. After covering the Class’s court costs and attorneys’ fees and incentive awards to the class representatives, the fund will be distributed on a pro rata basis among qualifying Class Members who submit valid and timely claims. Any leftover funds will be donated to a nonprofit organization agreed upon by the parties and approved by the court.
In addition to those whose debts were discharged in bankruptcy, the settlement also covers Class Members whose accounts were closed with a zero balance or were sold or transferred to a third party.
Although Bank of America has agreed to this settlement, it continues to deny the plaintiffs’ claims. The settlement is not an admission of liability on Bank of America’s part, and the court has made no determination of liability.
Who’s Eligible
Class Members eligible to claim benefits include all persons with a U.S. address whose credit report was obtained by Bank of America or FIA Card Services for an account review inquiry between Aug. 21, 2010 and July 7, 2017, and whose account relationship with the bank was terminated either because the debt on the account had been discharged via bankruptcy, the account was closed with a zero balance, or the account was sold or transferred to a third party.
Potential Award
Varies.
Individual payments will be determined in part by the number of valid and timely claims received.
Proof of Purchase
Claimants who did not receive a postcard notifying them that they are Class Members must submit either their Bank of America account number, the date the account was closed with a zero balance, the date the account was sold or transferred to a third party, or the date the debt on the account was discharged in bankruptcy.
Claim Form Deadline
6/19/2018 UPDATED
Case Name
Pastor, et al. v. Bank of America, NA, Case No. 3:15-cv-03831-VC, in the U.S. District Court for the Northern District of California
Final Hearing
8/16/2018 UPDATED
UPDATE: The Bank of America Unauthorized Credit Report Class Action Settlement was granted final approval on August 16, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.pastorBANAFCRAsettlement.com
Claims Administrator
Bank of America FCRA Settlement
P.O. Box 404023
Louisville, KY 40233-4023
1-844-200-9297
info@PastorBANAFCRASettlement.com
Class Counsel
Abbas Kazerounian
Ryan L. McBride
KAZEROUNI LAW GROUP
Defense Counsel
Joshua B. Swigart
David J. McGlothlin
HYDE & SWIGART
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47 thoughts onBank of America Unauthorized Credit Report Class Action Settlement
Filed necessary class action over a year ago. What has come of that suit?
If you are the plaintiff in a class action lawsuit, you should contact the attorney representing you for an update.
Can some one tell me who I can talk to about how B of A put my home in foreclosure, denied my loan modification, and put my payments in a misc. account and after paying them off still haven’t received our deed (3 year’s later). Don’t know who to turn to.
1/11/2018 has past.What happened?
Who can you contact about the final hearing via phone.
martin perez i got a letter for a settelment and missed placed it can u email me one jesietwentyone@yahoo.com thank u
The claim deadline was 11/14/17. You’ll need to contact the settlement administrator with any questions: info@PastorBANAFCRASettlement.com
My wife had an account with Bank of America but never received notification.
Please add me as a claimant
The claim deadline was 11/14/17. You’ll need to contact the settlement administrator with any questions: info@PastorBANAFCRASettlement.com
BOA= Boa constrictor (aka big snake that will choke the life out of you)
please add me
Add me to the list!
I am a victim of Bank of America
Bank of America sold my home inspite of ne filing bankruptcy.
Hello Betty
Have you tried Consumer Financial Protection Bureau ?
Theresa